Constitutional Amendment

Today the New Hampshire Senate unanimously passed a bill (S.B. 136) in support of a constitutional amendment to overturn decisions like Citizens United v. FEC. The bill also calls for a committee to study the proposed amendments currently being considering in the U.S. Congress.

“This is a big win for the people of New Hampshire,” said Lindsay Jakows, New Hampshire Campaign Coordinator for People For the American Way, who led a group of activists gathered in support of the bill at the State Senate today. “It shows that our state senators are listening to, and responding to, the voices of their constituents. New Hampshire residents have been calling loud and clear for an amendment to reclaim our democracy from the undue influence of corporations and billionaires. Today’s vote represents a big step forward in that grassroots movement.”

Support for a constitutional amendment to get big money out of politics is strong in New Hampshire, where in just the past two weeks eleven new towns have passed resolutions in favor of such an amendment. This brought the total number of New Hampshire towns on record in support of an amendment to 67.

People For the American Way has been working with ally groups to organize residents to speak out in favor of S.B. 136, including by encouraging New Hampshire PFAW activists to call their senators and urge them to vote in favor of the bill.

The bill now moves to the New Hampshire House. If it passes there, New Hampshire will become the 17th state calling for a constitutional amendment to overturn decisions like Citizens United.

On Wednesday, PFAW activists in Kentucky joined other activists representing ally organizations in delivering petition signatures to Sen. Mitch McConnell’s state office calling for amending the Constitution to overturn cases like Citizens United and get big money out of politics. Nationally, more than three million Americans have signed such a petition.

The delivery comes days before the Senate is set to vote on the Democracy for All Amendment (S.J. Res 19), a joint resolution that would amend the Constitution to overturn Citizens United and related cases. An overwhelming majority of Americans oppose the Supreme Court’s rulings opening the floodgates to unlimited money in our elections, with sixteen states and over 550 cities formally demanding that Congress vote to pass a constitutional amendment to allow common sense campaign finance rules to be enacted.

The event in Louisville is part of a nationwide push to make the Democracy for All Amendment our Constitution’s 28th Amendment. Rallies and petition deliveries also occurred in the state offices of nine other senators throughout the country.

WASHINGTON — Today Senator Reid was forced to file cloture to defeat an effort by opponents to block debate on the Democracy for All Amendment, a proposed constitutional amendment that would overturn decisions like Citizens United v. FEC and restore legislators’ ability to put reasonable limits on money in elections.

People For the American Way Executive Vice President Marge Baker released the following statement:

“I am astounded by the hypocrisy of the Democracy for All Amendment’s opponents. After pushing the myth that amendment proponents are trying to repeal the First Amendment, GOP senators are blocking the proposal from even being debated. They’ve tried to use free speech arguments as a fig leaf to explain their opposition to this amendment. Blocking debate shows just how cynical those arguments have always been.

“Even if those who oppose the amendment prefer to stand on the side of corporations and billionaires rather than on the side of ordinary Americans, the Democracy for All Amendment deserves a yes-or-no vote. By blocking debate, they are stifling the voices of the millions of Americans calling for an amendment.”

The Democracy for All Amendment currently has 50 supporters in the Senate, and a new poll released yesterday shows that nearly three in four voters (73 percent) support a constitutional amendment to overturn decisions like Citizens United. More than two million Americans have signed petitions in support of such an amendment.

Senate candidates, take notice: a new poll of 12 Senate battleground states released today finds that supporting a constitutional amendment to undo the damage of cases like Citizens United is not only good for our democracy, it’s good politics.

The poll, conducted by Democracy Corps for Every Voice, found strong, cross-partisan support for a constitutional amendment such as the Democracy for All Amendment now gaining momentum and moving through Congress. Nearly three in four voters (73 percent) favor it, including majorities “in even the reddest states.” Even among Republicans, supporters strongly outnumber opponents — by a sizable 26 percent margin.

The polling data also found that candidates’ support for an amendment can help win favor among voters. While a plurality of voters were more likely to support a Democratic candidate after hearing a pro-amendment argument, two thirds of voters had “serious doubts” about Republicans when they learned of their support for the Citizens United decision — including a majority of Republican voters.

The release of these new polling numbers could not come at a better time. This summer, a nationwide grassroots push for the Democracy for All Amendment is heating up. Already sixteen states and more than 550 cities and towns have called for an amendment, and individual Americans are raising their voices in support more than ever before. After passing the Senate Judiciary Committee earlier this month, the amendment — which currently has 50 supporters in the Senate — is expected to get a vote after the August recess. Senate Majority Leader Harry Reid even noted on the Senate floor this morning that the amendment is a priority for September.

Americans of all political stripes have made it clear that getting big money out of politics and ensuring that all voices are heard in our democracy is a priority issue. Across the board, people believe that the strength of your voice in our government should not be determined by how much money you can spend in elections. Now we know that this is not only an issue that Americans care deeply about, it’s one that will help shape their decisions on Election Day.

WASHINGTON — Today the Senate Judiciary Committee’s Subcommittee on the Constitution, Civil Rights, and Human Rights will mark up SJ Res 19, a proposed constitutional amendment to allow Congress and the states to regulate the raising and spending of money in elections following the Supreme Court’s damaging decisions in cases like Citizens United v. FEC and McCutcheon v. FEC.

People For the American Way Executive Vice President Marge Baker released the following statement:

“Today’s historic vote will be a major step forward for the national movement to reclaim our democracy from wealthy special interests. The American people have made clear that the number of zeroes in your bank account should not determine the strength of your voice in our democracy. All of our voices should be heard, not just those of billionaires.

“In the wake of Citizens United, McCutcheon, and other Supreme Court decisions, the 28th Amendment would allow everyday Americans to take back our political system from corporations and the super-rich.”

Earlier this month, People For the American Way released an edit memo on how SJ Res.19 would restore the First Amendment and strengthen our democracy. PFAW also submitted testimony for the Senate Judiciary Committee hearing on June 3 and joined with ally groups to deliver more than two million petitions in support of an amendment.

People For the American Way Executive Vice President Marge Baker is available for interviews with the press. To arrange an interview, please contact Layne Amerikaner at media@pfaw.org / 202-467-4999.

Congress.gov saw so many views of S.J. Res. 19 because Americans across the country are interested in creating an America that does not allow corporations to use their money to cozy up with politicians.

Nearly two years ago, President Obama caused a splash by expressing support for a constitutional amendment to overturn Citizens United during a Reddit “Ask Me Anything” session. Asked during the online forum what he was going to do to “end the corrupting influence of money in politics,” President Obama put the spotlight on the movement for a constitutional amendment by explicitly mentioning the amendment strategy:

Over the longer term, I think we need to seriously consider mobilizing a constitutional amendment process to overturn Citizens United (assuming the Supreme Court doesn't revisit it).

A new book released this week by POLITICO reporter Ken Vogel shows that President Obama had been privately discussing an amendment months before his public comment in August 2012. Vogel’s book describes President Obama telling Democratic donors in February of that year:

“Now, I taught constitutional law…I don't tinker with the Constitution lightly. But I think this is important enough that citizens have to get mobilized around this issue, and this will probably be a multiyear effort. After my reelection, my sense is that I may be in a very strong position to do it.”

The fact that President Obama was sharing support for an amendment even earlier than previously known underscores the importance of the issue to our nation’s president. In addition to President Obama, 44 U.S. senators, 123 U.S. representatives, and more than 1,700 state legislators have gone on record in support of an amendment to get big money out of politics.

The day after Sen. Tom Udall’s proposed constitutional amendment to get big money out of politics was considered at a Senate Judiciary Committee hearing, Sen. Udall joined People For the American Way activists, supporters, and staff members on a member telebriefing to discuss the amendment and what Americans can do to support it.

Sen. Udall noted in his introduction that together we have come a long way in the movement to get big money out of politics, due in part to the work of People For the American Way. He said that in the last few years, our nation’s campaign finance laws have come under increasing attack. There are only two ways, Sen. Udall said, to have lasting reform on this issue: either the Court can reverse itself, or we can amend the Constitution to overturn cases like Citizens United v. FEC and McCutcheon v. FEC. Sen. Udall pointed out that elections should be about the quality of ideas, not the size of bank accounts.

When asked by a participant to address the false claim pushed by Sen. Ted Cruz and other right-wing politicians and activists that this amendment is an attack on the First Amendment, Sen. Udall explained: “This is about restoring the First Amendment so it applies equally to all Americans.” He pointed out that our access to constitutional rights and our ability to participate in the democratic process should not be based on our net worth.

Sen. Udall urged activists on the call to voice their support at every opportunity they have. Specifically, he encouraged advocates to get a copy of the amendment and urge their local officials to support it by passing resolutions. Despite the lengthy process of amending the Constitution, Sen. Udall asked participants not to be discouraged; with a strong grassroots movement, he said, we can make it happen.

PFAW executive vice president Marge Baker also fielded questions from participants on the call. She urged activists to connect campaign finance reform to the issues most important to them and their communities, whether that’s fighting for health and safety on the job, defending the environment, or protecting voting rights. On voting rights, Baker pointed out that the Supreme Court’s attacks on campaign finance laws go hand in hand with their attacks on the right to cast a vote; both have the effect of disempowering average Americans in our democracy. This is why, Baker pointed out, we must take on the Supreme Court and reclaim our political system – making it a democracy truly of, by, and for the people.

Before yesterday’s Senate Judiciary Committee hearing on a proposed campaign finance constitutional amendment had even begun, advocates from People For the American Way and partner organizations had already delivered a powerful message from the American people. Carrying signs saying “Restore the First Amendment” and “Amend the Constitution to #GetMoneyOut,” activists rolled in stacked boxes of more than two million petitions in support of an amendment to get big money out of politics.

In his opening remarks, Sen. Patrick Leahy noted that these petitions serve as a “tangible reminder that Americans are calling on Congress to act.”

In an rare move that underscored the importance of the proposed amendment, both Senate Majority Leader Harry Reid and Minority Leader Mitch McConnell testified at the hearing. Sen. Reid issued a call to action for the amendment, urging Americans to work together to restore the basic principle of one American, one vote. “Our involvement in government should not be dependent on our bank account balances,” he said.

Sen. McConnell, on the other hand, used the platform to claim that the proposed amendment is about shutting people up, calling it the “latest proposal to weaken the First Amendment.” Later, Sen. Ted Cruz continued to push the false claim that the amendment would “repeal the free speech protections of the First Amendment” and “muzzle” Americans.

But other witnesses were quick to debunk this myth, including constitutional law expert Jamie Raskin, who is also a senior fellow at People For the American Way. In his testimony, Raskin noted:

[E]ven as our huge majorities of Americans support reclaiming our democracy, opponents of the Amendment are waving the flag of the First Amendment, as if political democracy and free speech are enemies. But the Citizens United era has nothing to do with free speech and everything to do with plutocratic power. Citizens United did not increase the rights of a single citizen to express his or her views with speech or with money. Before the decision, all citizens, including CEOs, could express themselves freely, make contributions, and spend all the money they had to promote their politics. They could band together with the help of the corporation and form a PAC. All Citizens United did was confer a power on CEOs to write corporate treasury checks for political expenditures, without a vote of the shareholders, prior consultation or even disclosure.

In terms of real world consequences, Raskin went on to note, these damaging Supreme Court decisions did not “expand the political freedom of citizens but… reduce[d] the political power of citizens.”

North Carolina State Senator Floyd McKissick described some of those real world effects, noting that he can divide his time in the state legislature into two distinct periods: “before Citizens United, and after”:

Suddenly, no matter what the race was, money came flooding in. Even elected officials who had been in office for decades told me they’d never seen anything like it. We were barraged by television ads that were uglier and less honest than I would have thought possible. And they all seemed to be coming from groups with names we had never even heard of. But it was clear that corporations and individuals who could write giant checks had a new level of power in the state.

WASHINGTON – Today the Senate Judiciary Committee is holding a hearing on a proposed constitutional amendment to restore the ability of Congress and the states to regulate the raising and spending of money in elections, an ability that was gutted by Supreme Court decisions like Citizens United v. FEC and McCutcheon v. FEC. This morning People For the American Way and ally organizations delivered more than two million petitions, signed by Americans from every state, in support of such an amendment.

People For the American Way executive vice president Marge Baker released the following statement:

“Today’s hearing shows that some of our elected leaders are really listening to the American people’s call for money in politics reform. More than nine in ten voters think it’s important for elected officials to work to lessen money’s influence on our democratic system. Voters want a democracy where the voices of everyday Americans matter, not just the voices of the super-rich.

“A constitutional amendment is only warranted in rare circumstances, but in the wake of Supreme Court decisions like Citizens United and McCutcheon that have undermined the basic functioning of our democracy, the American people must act to restore it. Today two million Americans have a message, loud and clear, for Congress: we want our democracy back.”

On Monday, People For the American Way released an edit memo on how SJ Res.19 would restore the First Amendment and strengthen our democracy. PFAW also submitted testimony for the Senate Judiciary Committee hearing and joined close to 50 ally organizations in a letter urging senators to support SJ Res. 19.

Executive vice president Marge Baker is available for interviews with the press. To arrange an interview or for additional photos of the petition drop, please contact Layne Amerikaner at media@pfaw.org / 202-467-4999.

On June 3, 2014, the Judiciary Committee of the United States Senate held a hearing on the need to amend the Constitution to overturn the Supreme Court’s decisions in Citizens United v. FEC, and related cases. In particular, the Committee examined Senator Tom Udall’s amendment proposal SJRES 19, which seeks to restore the constitutional authority to regulate the raising and spending of money to influence elections, so that the American people, and not corporations, billionaires and special interests, hold the power in our elections.

MADISON – Yesterday Wisconsin State Senator Dave Hansen (D-Green Bay) introduced SJR 68, a resolution that would place an advisory referendum on the November 2014 ballot calling for a federal constitutional amendment to overturn the U.S. Supreme Court’s 2010 Citizens United v. FEC decision. It is a companion resolution to AJR 50, introduced last year by State Rep. Chris Taylor (D-Madison) in the Wisconsin Assembly. People For the American Way regional political coordinator Scott Foval released the following statement:

“The people of Wisconsin deserve a chance to weigh in on the corrupting influence of corporate spending in our democracy. Wisconsinites have made it clear that money in politics is an issue they care deeply about. To date, 27 local resolutions calling for a constitutional amendment to overturn Citizens United have passed in counties and municipalities across Wisconsin. Thirteen more will be on local referendums in April. Just as Representative Taylor has led on this issue in the Assembly, Senator Hansen recognizes that the unbridled spending the Citizens United decision unleashed is harmful to our democracy.

“While the Republican Assembly leadership continues to block progress on AJR 50, we hope the Republican State Senate leadership will put the people first and pass SJR 68 – allowing voters to decide whether a constitutional amendment to overturn Citizens United is the best way to push back on corporate control of our political process. PFAW continues to stand on the side of the people and will work with our allies in Wisconsin to push for a constitutional amendment to get big money out of politics.”

The movement to amend the Constitution to overturn Citizens United and related cases continues to grow across the country and in the halls of Congress.

At the local level, over 500 cities and towns – including New York City, Los Angeles, Philadelphia, San Diego, Chicago, San Jose, Austin, San Francisco, Boston, Seattle, Washington DC, Baltimore, Portland, Albuquerque, Tucson, and Miami, among others – have called for a constitutional amendment.

At the state level, either by passing legislative resolutions or by voting directly on ballot measures, 16 states (containing over 95 million people) have called upon Congress to send them an amendment bill for ratification.

At the federal level, 14 amendment resolutions have been introduced in the US Congress in the 113th session, and 124 representatives (directly representing 87 million people) and 35 senators (representing over 150 million people) have endorsed the amendment strategy since the Citizens United decision came down in January 2010. Furthermore, President Barack Obama has repeatedly called for a constitutional amendment to overturn Citizens United and related cases.

Support Growing in U.S. Senate, House of Representatives and State Legislatures

WASHINGTON – Advocates are celebrating a significant milestone in the campaign for a constitutional amendment to overturn the U.S. Supreme Court’s 2010 ruling in Citizens United that opened the floodgates of money from corporations and the ultra wealthy into our political system. Support for the campaign now stands at one-third of what is needed for victory.

The Constitution can be amended by votes of a supermajority of each chamber of Congress, followed by ratification by three-quarters of the states. Support for an amendment now stands at one third of each of those thresholds:

Share required

Number needed

Number today

%

2/3 Senators

67

27 sponsors and co-sponsors

40%

2/3 Representatives

290

99 sponsors and co-sponsors

34%

3/4 States

38

16 official resolutions, ballot measures or official calls for an amendment

42%

“This milestone represents important progress toward a goal that’s critical to preserving the integrity of our democracy,” said Marge Baker, executive vice president of People For the American Way. “Amending our country’s constitution should be difficult. But this isn’t the first time Americans have encountered a serious problem that needs a serious solution. Citizens United and other cases that paved the way for big money to flood our elections have given us one of those moments. As more states and elected officials go on record in support of an amendment, the clearer it becomes that the American people will not stand to have their voices overpowered by wealthy special interests.”

“In just three years since the Supreme Court’s Citizens United ruling, we have come one third of the way to amending the US Constitution to reclaim our democracy and to ensure that people, not corporations, shall govern in America,” said John Bonifaz, co-founder and executive director of Free Speech For People. “Americans across the political spectrum are standing up to defend that fundamental promise of government of, by, and for the people.”

“Sixteen states representing tens of millions of Americans and hundreds of cities and towns, from Los Angeles to Boston, have passed resolutions and ballot measures in support of a constitutional amendment to reverse Citizens United," said Karen Hobert Flynn, senior vice president for strategy and programs at Common Cause. “Voters and legislators are justifiably outraged at the way Citizens United has created a system of legalized bribery around our elections, and are building the momentum we need to make a change.”

“Fast gaining momentum, the movement for a constitutional amendment aims to reassert popular sovereignty and return America to the founding constitutional principle embodied in the phrase, We, the People,” said Robert Weissman, president of Public Citizen. “We, the People of the United States are fast on our way to winning a constitutional amendment to ensure our government works for us, not JP Morgan, Pfizer and Walmart.”

“Citizens United set a dangerous precedent by opening the floodgates for special interest money in our elections,” said Emma Boorboor, Democracy Associate, U.S. PIRG. “Yet, as a nation we overwhelmingly value the idea that the size of your wallet should not determine the volume of your voice in our democracy. The fact that we are already a third of the way to passing a constitutional amendment to get big money out of politics clearly demonstrates the building momentum and the desire of Americans to stand up for our democratic values.”

Sixteen states have formally called for an amendment by ballot measure, resolutions passed by the legislature, or official letters signed by a majority of state legislators:

In addition, nearly 500 cities, towns, and counties, including New York, Los Angeles, Chicago, and Philadelphia have called for an amendment, and more than 2,000 elected officials nationwide are on record supporting one.

A 2010 Peter Hart poll found that 82% of Americans support congressional action to limit corporate spending on elections (which Citizens United unleashed), and that 79% support a constitutional amendment to accomplish this. This past September, an Associated Press poll found that 83% of Americans favor limits on the amount of money corporations, unions, and other organizations can spend on our elections.

Public support is also bipartisan. The 2010 Peter Hart poll revealed that 68% of Republicans, 82% of independents, and 87% of Democrats support an amendment. The 2012 AP poll showed that 81% of Republicans, 78% of independents, and 85% of Democrats want to limit corporate, union, and other outside spending.

Free Speech For People works to challenge the misuse of corporate power and restore republican democracy to the people. The group advances the movement to amend the U.S. Constitution to overturn Citizens United v. FEC, an earlier case called Buckley v. Valeo, and the fabricated doctrine of corporate constitutional rights. For more on Free Speech For People, visit: www.FreeSpeechForPeople.org.

Common Cause is a nonpartisan, grassroots organization dedicated to restoring the core values of American democracy, reinventing an open, honest, and accountable government that works for the public interest, and empowering ordinary people to make their voices heard.

People For the American Way engages in lobbying and activist mobilization to support local, state and federal initiatives to ameliorate the impact of, and eventually overturn via constitutional amendment, the effects of Citizens United and other court cases that have opened the floodgates of unlimited corporate and special interest spending to influence elections. PFAW activates its membership, its youth leadership networks (the Young Elected Officials Action and Young People For Action programs) and its African American Ministers in Action network for money-in-politics work. PFAW co-leads coalition efforts to confirm judges and justices who respect the progressive ethic of the Constitution and has a dynamic political arm engaged in electoral strategies to hold money-in-politics obstructionists accountable.

Public Citizen is national non-profit membership organization. Since 1971, we have fought for corporate and government accountability to guarantee the individual’s right to safe products, a healthy environment and workplace, fair trade, and clean and safe energy sources. Public Citizen is deeply invested in limiting the damaging effect of money in politics and passing an amendment to overturn the Citizens United ruling and related cases. www.DemocracyIsForPeople.org

U.S. PIRG is a citizen's group that stands up to powerful interests whenever they threaten our health and safety, our financial security, or our right to fully participate in our democratic society. For decades, we’ve stood up for consumers, countering the influence of big banks, insurers, chemical manufacturers and other powerful special interests. www.uspirg.org